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Author Topic: Daughter rights to claim on property share  (Read 177 times)

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Offline Bishal

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Daughter rights to claim on property share
« on: August 22, 2016, 05:51:06 AM »
Hi Sir/Madam,

I am posting this query on behalf of my wife.

My father-in-law died last year. he had some land properties and bank balances. My mother-in-law is alive. My has one elder brother. As per we know current house is in her mother`s name. we don`t  about the rest. They does not  maintain any relationship with my wife. We came to know from different sources her elder brother planning to take all even the house. He is planing to transfer some or all to his wife`s name.

So her our query is, what are chances my wife  to claim the share of property? If possible then what are the step and procedures to do that?


Offline rajgopal sripathi

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Re: Daughter rights to claim on property share
« Reply #1 on: August 22, 2016, 07:03:59 AM »
I presume you are hindu's and hence Hindu succession laws will be applicable to you.

if your father in law has landed properties and bank balances and died without leaving a will, your wife claim a share of these land and bank balances as a legal heir.
With reference to the house, since the house is in your mother in law's name, your mother in law can deal with the property in any which manner she so desires.
So, first your wife has to issue legal notices for the properties that were on your father in laws name and ask for partition of properties and bank balances.
If there is no favorable response, then the option will be to file a suit for partition in court.
Hope this helps
Rajgopal Sripathi

Offline adv.amarnath

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Re: Daughter rights to claim on property share
« Reply #2 on: August 28, 2016, 12:32:25 AM »
There is no requirement for sending letter which will be foolish act in case of asking partition of immovable properties. Immediately file suit for partition and permanent injunction for immovable properties otherwise if your wife's brother transfer entire property fraudulently in favour of his wife on that event matter will be complicated and you have to file another case for cancellation of such purported deed with court fee.

In case of cash, your wife can also claim separately by filing money suit which is not suggestible

Amarnath Sanyal
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